John P. Robertson II — Essex County Criminal Defense Attorney
Experienced New Jersey Criminal and DWI Defense Lawyer with Prosecutorial Background
John P. Robertson II brings nearly four decades of New Jersey criminal defense experience to the Tormey Law Firm. Admitted to practice in New Jersey in 1987, John has spent his career defending individuals against the full range of criminal charges in Essex County and throughout New Jersey — from DWI/DUI and assault offenses to drug crimes, weapons offenses, restraining order matters, and sex crime allegations.
John began his legal career in 1986 as an Assistant Prosecutor with a New Jersey County Prosecutor’s Office, where he gained firsthand experience evaluating evidence, presenting cases to grand juries, and working alongside law enforcement. Since transitioning to private practice in 1989, he has dedicated himself to defending the rights of those facing criminal accusations — using his prosecutorial background to anticipate the State’s strategy and identify weaknesses in the case against his clients.
Why a Former Prosecutor Matters in Your Essex County Case
The Essex County Prosecutor’s Office is one of the most active in New Jersey, handling a heavy volume of serious felony cases at the Essex County Superior Court in Newark every year. A criminal conviction in New Jersey can result in jail time, heavy fines, license suspension, a permanent record, and serious collateral consequences affecting employment, immigration status, professional licensing, and firearms eligibility. Successfully defending these cases requires more than general courtroom experience — it requires a deep understanding of how prosecutors think, what evidence they prioritize, and where their cases are most vulnerable to challenge.
John’s former role as an Assistant Prosecutor gives him unique insight into:
- How prosecutors evaluate the strength of a case at intake
- What evidence the State considers essential to securing a conviction
- How probable cause is established (and where it can be challenged)
- How Pre-Trial Intervention (PTI) and conditional discharge applications are reviewed and approved
- What arguments resonate with judges in plea negotiations
- How sentencing recommendations are formulated and where they can be reduced
This insider perspective gives John’s clients a real strategic advantage — particularly in cases where the path to a favorable outcome depends on negotiating with the prosecutor’s office.
Areas of Practice
John handles the full range of criminal matters in Essex County and throughout New Jersey:
- DWI and DUI Defense — Including first offense DWI, second and third offense DWI, breath test refusal, and drug DUI
- Assault and Threat Crimes — Including aggravated assault, simple assault, terroristic threats, harassment, resisting arrest, and stalking
- Drug Crimes — Including cocaine, heroin, marijuana distribution, and prescription drug offenses
- Weapons Offenses — Including unlawful possession of a weapon, illegal handgun possession, possession for an unlawful purpose, certain persons offenses, unlawful disposition of a firearm, and Graves Act matters
- Restraining Orders and Domestic Violence — Including temporary and final restraining order trials, contempt charges for restraining order violations, and weapons forfeiture hearings
- Sex Crimes — Including aggravated sexual assault, criminal sexual contact, endangering the welfare of a child, lewdness, and Megan’s Law matters
- Theft and Fraud Offenses — Including burglary, robbery, shoplifting, credit card fraud, and theft by deception
- Juvenile Crimes — Including juvenile arrests, waiver to adult court, and juvenile sentencing matters
- Traffic Violations — Including reckless driving, driving with a suspended license, and leaving the scene of an accident
- Expungements — Restoring criminal records and removing barriers to employment, housing, and firearms eligibility
- Diversionary Programs — Including Pre-Trial Intervention (PTI), Conditional Discharge, and Drug Court
Defense Strategies in Essex County Criminal Cases
John approaches every case with a comprehensive review of the facts, evidence, and procedural history. Common defense strategies include:
- Challenging probable cause for a traffic stop, arrest, or detention
- Examining search warrants and consent searches for procedural and constitutional defects
- Suppressing evidence obtained in violation of the Fourth Amendment
- Pursuing diversionary programs such as PTI, Conditional Discharge, or Drug Court for eligible clients
- Negotiating plea agreements that reduce or dismiss charges and avoid jail time
- Challenging the chain of custody and forensic evidence in DWI and drug cases
- Cross-examining witnesses to expose inconsistencies and credibility issues
- Identifying constitutional violations at any stage of the investigation
Recognition and Professional Honors
John’s commitment to client representation has earned him recognition throughout his career:
- Selected for inclusion in the New Jersey Super Lawyers list in the area of Criminal Defense (2009, 2015–2021)
- Recognized in DWI/DUI Defense
- Officer of the Morris County Bar Association
- Former Chairman of the MCBA Municipal Court Practice Committee
- Former Member of the District X Ethics Committee (Morris/Sussex)
No aspect of this advertisement has been approved by the Supreme Court of New Jersey. Please visit the Super Lawyers Selection Process for a detailed description of the selection methodology.
Thought Leadership and Continuing Education
John is an active contributor to the New Jersey legal community. He has participated as a moderator and speaker at legal seminars covering criminal defense, DWI, the Alcotest 7110 breath testing instrument, and juvenile delinquency. He has authored articles on the expungement process and the collateral consequences of motor vehicle violations — topics directly relevant to anyone with a criminal record in New Jersey.
Education and Bar Admissions
| Law School | Dickinson School of Law of the Pennsylvania State University, Carlisle, Pennsylvania — J.D., 1986 |
| Undergraduate | Bucknell University — B.A., cum laude, 1983 |
| Bar Admissions | New Jersey, 1987 · Pennsylvania, 1986 |
| Years of Experience | 38+ years |
Essex County Courts and Surrounding Areas
John defends clients facing criminal charges throughout Essex County and the surrounding region, including the Essex County Superior Court in Newark and municipal courts in Newark, Belleville, Bloomfield, Caldwell, Cedar Grove, City of Orange, East Orange, Essex Fells, Fairfield, Glen Ridge, Irvington, Livingston, Maplewood, Millburn, Montclair, Nutley, Roseland, South Orange, Verona, West Caldwell, and West Orange. He also represents clients in surrounding counties including Hudson, Bergen, Passaic, Union, and Morris.
Speak with an Essex County Criminal Defense Attorney Today
If you or a loved one has been arrested or charged with a crime in Essex County, time matters. The penalties for criminal convictions in New Jersey are severe — and early intervention by an experienced defense attorney can dramatically improve the outcome of your case.
The Tormey Law Firm offers free initial consultations and is available 24 hours a day. Call (201) 654-3464 to speak with John or another member of our criminal defense team, or contact us online to schedule a confidential case review at our Newark office, conveniently located at 1 Gateway Center, Suite 2600.
